Penal Code, 1860–Sec. 149 [Corresponding Sec. 190 of BNS, 2023]–Applicability–No specific allegation against the respondents–Even if the existence of an unlawful assembly is accepted in the facts of the present case, mere presence in such assembly would not ipso facto establish the participation of the acquitted respondents in the commission of the offence unless it is proved that they had assaulted the deceased or the injured witness sharing the common object of causing bodily injury.
